The peculiar role of experts in international investment arbitration is the result of the great differences among civil law and common law legal traditions in this regard. While the former grants judges the power to ap- point an independent expert acting as their auxiliary, the latter provides that they decide based on their free assessment of party-appointed experts. Though the second model is vastly predominant in the practice of investment arbi- tration, the principle of freedom of form that characterizes the evidentiary phase of these proceedings implies that both kinds of expertise may be ad- mitted even in the same arbitration procedure, the independent expert fol- lowing the party-appointed experts. The present contribution thus aims at tracing the provisions dealing with experts that may be found in interna- tional arbitration rules and soft law instruments, so as to identify their fea- tures and duties, as well as the tools that the arbitral tribunal may use, while making its decision, in assessing party-appointed expert evidence.

Rojas Elgueta, G. (2021). Gli esperti. In Daniele Mantucci (a cura di), Trattato di Diritto dell'arbitrato (pp. 645-685). Napoli : Edizioni Scientifiche Italiane.

Gli esperti

G. Rojas Elgueta
2021

Abstract

The peculiar role of experts in international investment arbitration is the result of the great differences among civil law and common law legal traditions in this regard. While the former grants judges the power to ap- point an independent expert acting as their auxiliary, the latter provides that they decide based on their free assessment of party-appointed experts. Though the second model is vastly predominant in the practice of investment arbi- tration, the principle of freedom of form that characterizes the evidentiary phase of these proceedings implies that both kinds of expertise may be ad- mitted even in the same arbitration procedure, the independent expert fol- lowing the party-appointed experts. The present contribution thus aims at tracing the provisions dealing with experts that may be found in interna- tional arbitration rules and soft law instruments, so as to identify their fea- tures and duties, as well as the tools that the arbitral tribunal may use, while making its decision, in assessing party-appointed expert evidence.
Rojas Elgueta, G. (2021). Gli esperti. In Daniele Mantucci (a cura di), Trattato di Diritto dell'arbitrato (pp. 645-685). Napoli : Edizioni Scientifiche Italiane.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11590/385745
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